ACT OF 1831, CHAP. 16, § 4.

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lished in one or more of the newspapers printed in the United States, for the space of four weeks.

day of

Anno

SECTION 4. And be it further enacted, That no person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a printed copy of the title of such book, or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the District Court of the district wherein the author or proprietor shall reside, and the clerk of such court is hereby directed and required to record the same thereof forthwith, in a book to be kept for that purpose, in the words following (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever he shall require the same): "District of to wit: Be it remembered, that on the Domini, A. B., of the said district, hath deposited in this office the title of a book (map, chart, or otherwise, as the case may be), the title of which is in the words following, to wit: (here insert the title); the right whereof he claims as author, (or proprietor, as the case may be,) in conformity with an act of Congress, entitled 'An act to amend the several acts respecting copyrights.' C. D., Clerk of the district." For which record the clerk shall be entitled to receive, from the person claiming such right, as aforesaid, fifty cents, and the like sum for every copy under seal, actually given to such person or his assigns. And the author or proprietor of any such book, map, chart, musical composition, print, cut, or engraving, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver, or cause to be delivered, a copy of the same to the clerk of said district. And it shall be the

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ACT OF 1831, CHAP. 16, §§ 4, 5.

duty of the clerk of each District Court, at least once in every year, to transmit a certified list of all such records of copyright, including the titles so recorded, and the dates of record, and also all the several copies of books or other works deposited in his office according to this act, to the Secretary of State, to be preserved in his office. (a)

SECTION 5. And be it further enacted, That no person. shall be entitled to the benefit of this act, unless he shall give information of copyright being secured, by causing to be inserted in the several copies of each and every edition published during the term secured on the titlepage, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece thereof, the following words, viz.: "Entered according to act of Congress, in the year by A. B., in the clerk's office of the District ," (as the case may be.) (a)

Court of

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(a) NOTES TO §§ 4 AND 5.

1. The act of 1831 embodies the provisions of the acts of 1790 and 1802, and imposes on the persons claiming the privilege of copyright the same duties and liabilities which attended the right under the prior statutes. Baker v. Taylor, 2 Blatchf., 83.-BETTS, J.; N. Y., 1848.

2. Under sections 4 and 5 of this act, the depositing the title-page in the proper clerk's office, publishing a notice according to the act, and delivering a copy of the book, are conditions, the performance of which is essential to the title. Ibid., 84.

3. And the notice must be published in the manner specified in the act. Ibid., 84.

4. All the things required by these sections must be done to secure a copyright. Jollie v. Jaques, 1 Blatchf., 620.-NELSON, J.; N. Y., 1850. Struve v. Schwedler, 4 Blatchf.-NELSON, J.; N. Y., 1857.

5. Until all the things required by these sections are done, the copyright is not secured; but by taking the incipient step, a right is ac

ACT OF 1831, CHAP. 16, §§ 5, 6.

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quired which chancery will protect, until the other acts may be done. Pulte v. Derby, 5 McLean, 332-MCLEAN, J.; Ohio, 1852.

6. Where a work consists of a number of volumes, the insertion of the record on the page next following the title-page of the first volume of the work is a sufficient compliance with the statute. Dwight v. Appletons, 1 N. Y. Leg. Obs., 198.-THOMPSON, J.; N. Y., 1843.

7. The author may insert the same record in another edition, published in a different number of volumes, without impairing the copyright. Ibid., 199.

8. The number of volumes in which it was stated the work would be published, make no part of its title, and may be rejected as surplusage. Ibid., 199.

9. After such title-page has been deposited, the author can maintain an action for an infringement or violation of his right, even though the work may not have been published, or the printed copy deposited. Roberts v. Meyers, 13 Mo. Law Rep., 398.-SPRAGUE, J.; Mass., 1860. CONTRA, Keene v. Wheatley, 1 Amer. Law Reg., 44.-CADWALLADER, J.; Pa., 1860.

10. The record from the clerk's office, made in the form prescribed by section 4, or of the depositing of a title-page, is prima facie evidence that a printed title was deposited. Roberts v. Meyers, 13 Mo. Law Rep., 398.-SPRAGUE, J.; Mass., 1860.

11. Where the title-page of a book was deposited in 1846, and the notice of the entry, inserted in the book, stated it to have been deposited in 1847, Held, that the error created a fatal defect in the plaintiff's title. Baker v. Taylor, 2 Blatchf., 84.—BETTS, J.; N. Y., 1848.

12. Even if the error arose from mistake, it will make no difference as to the result. Ibid., 84.

13. Under section 4 a person is not entitled to any benefit, under the act, unless he deposits the title-page before the publication of his work. Ibid., 85.

14. Where copies of a book were sold prior to the date of the deposit of a copy of the title-page, and a printed copy of the book was deposited in the clerk's office, at the same time the title-page was deposited, Held, that these facts warranted an inference of an actual publication of the book prior to the date of such deposit. Ibid., 85.

See also DIGEST PAT. CASES, title COPYRIGHT, D.; and notes to section 3 of the act of 1790, and to section 1 of the act of 1802.

SECTION 6. And be it further enacted, That if any other person or persons, from and after the recording the title of any book or books, according to this act, shall, within the term or terms herein limited, print (a), publish, or import, or cause to be printed, published, or

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ACT OF 1831, CHAP. 16, § 6.

imported, any copy of such book or books (6), without the consent of the person legally entitled to the copyright thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed, or printing, published, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copyright as aforesaid, and the other to the use of the United States, to be recovered by action of debt in any court having competent jurisdiction thereof. (c)

(a) 1. The intent with which a work is reprinted cannot be taken into consideration; it is the act of reprinting that is prohibited by the statute. Nichols v. Ruggles, 3 Day, 158.-CURIAM; Ct., 1808. Story's Ex'rs v. Holcombe, 4 McLean, 309, 310.-McLEAN, J.; Ohio, 1847.

2. It is of no consequence in what form the works of another are used, whether it be a simple reprint or by incorporating it in some other work. If his copyright is violated, he can maintain an action therefor. Gray v. Russell, 1 Story, 19.-STORY, J.; Mass, 1839.

3. To entitle a party to an action for the infringement of a copyright, it is not necessary that the whole or a greater part of his work should be taken. If so much is taken as to impair the value of the original, or so that the labors of the original author are substantially appropriated, that is sufficient in point of law to constitute a piracy. Folsom v. Marsh, 2 Story, 115.-STORY, J.; Mass., 1841.

4. The entirety of the copyright is the property of the author; and it is no defence that another has appropriated only a part of such property and not the whole. Ibid., 116.

5. Nor does it necessarily depend upon the quantity taken, whether it is an infringement of a copyright or not. Ibid., 116. Story's Ex'rs v. Holcombe, 4 McLean, 309, 310.-MCLEAN, J.; Ohio, 1847.

ACT OF 1831, CHAP. 16, §§ 6, 7.

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6. Intention cannot be taken into account in reference to an infringement. If a copyright has been invaded, whether the party knew the work was copyrighted or not, he is liable to the penalty for violation. Millett v. Snowden, 1 West. L. Jour., 240.—BETTS, J.; N. Y., 1843.

(b) 1. A book may in one part of it infringe the copyright of another work, and in other parts be no infringement; in such a case, the remedy will not be extended beyond the injury. Story's Exrs. v. Holcombe, 4 McLean, 315-.MCLEAN, J., Ohio, 1847.

2. A book, within the meaning of the statute, does not include a translation of a work. Stowe v. Thomas, 2 Amer. Law Reg, 230.GRIER, J.; Pa., 1853.

3. A translation may be called a transcript or copy of the author's thought or conception, but in no correct sense can it be called a copy of his book. Ibid., 231.

See also DIGEST PAT. CASES, title INFRINGEMENT, A.

(c) 1. An action on the case is the proper form of action to recover damages for a violation of a copyright; trespass will not lie. Atwill v. Ferrett, 2 Blatchf., 48.-BETTS, J.; N. Y., 1846.

2. The penalty of fifty cents per sheet imposed by this section is incurred for every sheet found to have been in the defendants' possession, or which they had sold, or held for sale. Dwight v. Appletons, 1 N. Y. Leg. Obs., 198.-THOMPSON, J.; N. Y., 1843.

3. The penalty declared by this section can be adjudged only for the sheets found in the possession of the defendant. Backus v. Gould, 7 How., 811.-MCLEAN, J.; Sup. Ct., 1848.

4. The penalty imposed by this section is not incurred by 1 rinting and publishing so much of a book as to amount to an infringement of the copyright. Rogers v. Jewett, 12 Mo. Law Rep., 340.-CURTIS, J.; Mass., 1858.

5. The words "a copy of a book," found in section 6 of the act of 1831, import a transcript or copy of the entire book. Ibid, 341.

6. Congress did not intend to inflict these penalties upon the unlawful printing or publication of less than an entire work. Ibid., 341.

SECTION 7. And be it further enacted, That if any person or persons, after the recording of the title of any print, cut, or engraving, map, chart (a), or musical composition, according to the provisions of this act, shall, within the term or terms limited by this act, engrave, etch, or work, sell, or copy, or caused to be engraved, etched, worked, or sold, or copied, either on the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law; or shall print or import